Monthly Archives: March 2010

Can companies that recycle waste into other products ensure insurance coverage?

In Christie Smythe’s article “Innovative Recycling Cos. Battle Pollution Exclusions” for Law360, she discusses whether companies “that recycle waste by converting it into products — turning tires into mulch or turkey offal into biodiesel, for instance” will get coverage for pollution-based claims, even if the policyholders told their insurance companies about the nature of their business.  The story is an interesting tale of companies that convert energy byproducts and agricultural waste into other products and their efforts to get insurance coverage for claims against them.

Ms. Smythe was kind enough to quote me at the end of the article.  I explained a best practice for corporate policyholders, in light of insurance industry practice.  Want to read the quote?  Click on over to the full article to read more.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

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Please join me for the NetDiligence® Cyber Risk & Privacy Liability Forum

hblc

Dickstein Shapiro LLP is pleased to announce that

Scott Godes, Esq. is speaking on the Are You Covered When Hackers Get Through?
session at this conference.

Dickstein

NetDiligence® Cyber Risk & Privacy

Liability Forum

Date: June 7-8, 2010

Price: Risk Managers, CFOs: $795*;

Insurers, Brokers, Policyholders: $895*; Attorneys: $1,195*

Location: The Union League, 140 South Broad Street, Philadelphia, PA

CLE Credit: 6-8 CLE credits (CPD and CPCU credits also available), depending on state requirements. View the CLE credit details.

Mention promo code COB10A when you register for the live event and save $100!**

Chairs

Nicholas Economidis, Specialty Lines, Beazley Group

John Mullen, Sr., Esq., Nelson Levine de Luca & Horst,

Chair of Complex Litigation Practice Group

Robert Parisi, Jr., SVP, National Practice Leader for

Tech/Telecom E&O, and Network Risk, Marsh FINPRO

What You Will Learn

(For a complete agenda and faculty listing, click here.)

  • Keynote Address by Keith Morales of The Federal Reserve Bank of Philadelphia
  • Data Breach Liability: An Unstable Legal Environment
  • Cyber Security and Privacy Liability Concerns: The Risk Managers Speak
  • Regulatory Trends Briefing
  • Loss Control-Assessing & Quantifying Network Risks
  • Responding to a Data Breach
  • Design and Implementation of an Incident Response Plan
  • Solving Special Computer Security Issues
  • Are You Covered When Hackers Get Through?
  • Looking Into the Crystal Ball: Future Insurance Needs

To learn more or register for this conference,

please call 484-324-2755 or click here.

*All cancellations must be received in writing. Full refunds will be issued if cancellation requests are received 4 weeks before the event begins. Credits, good for 6 months from date of issue, will be issued if cancellation requests are received 3 weeks before the event begins. HBLC reserves the right to cancel any of its programs. Speakers, sessions and times are subject to change.

**Limit one discount per registrant. Discount cannot be combined with any other offer. Offer valid at the live event only and on new registrations only.

UnionLeauge

CAN’T ATTEND?

You can still benefit from this program! Audio/video recordings are available now.  Individually priced and packaged, each recording captures the information and insights delivered by our faculty. Listen to experts, gain new perspectives, and learn proven techniques. For more information,

click here, call 484-324-2755, or email Allison.Emery@litigationconferences.com.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

Note:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

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Check out my article, “At Risk: Insurance Coverage for Cyber Security and Data Breaches” in Strategize Magazine.

The fine folks at Strategize Magazine have published an article that I wrote, along with my colleague, Ken Trotter.  The article is titled, “At Risk:  Insurance Coverage for Cyber Security and Data Breaches.”  It’s in the January/February 2010 edition of the magazine.

Strategize is a magazine that promises:

in each issue of Strategize, we’ll clear out the clutter to reveal what’s really relevant. Our aim is to be your one-stop information source that brings the reader to the boardroom, following the national trends that affect business today, and the innovations of our most provocative business leaders.

Our article gives a clear and easy to read overview of insurance coverage for cyber security and data breach claims.  We give real world examples of data breaches and cyber security incidents, and how they affect businesses today.  We also discuss coverage for those types of claims under commercial general liability insurance policies, first party insurance policies, crime policies, directors and officers policies, and more.  Interested?*  Then aim your mouse here to readAt Risk:  Insurance Coverage for Cyber Security and Data Breaches.”

* Even if you’re not that interested in the topic, it’s worth the click to see the cool online magazine format and graphic that they put with the article.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

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“Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims”

At the 2010 Insurance Coverage Litigation Committee CLE Seminar, which the American Bar Association Insurance Coverage Litigation Committee hosted in Tucson, Arizona on March 4-6, 2010, I filled in for my former colleague, Jim Murray, for the plenary session”Knockin’ on Heaven’s Door:  Perspectives on Litigation and Negotiation of High-Damage Claims in 2010 and Beyond.”  I was joined by William B. Hedrick of Marsh USA Inc., Laura McKay of Hinkhouse Williams Walsh LLP, Gordon McKay of Arcina Risk Group, and Jeffrey M. Posner of JM Posner, Inc.

We had a great discussion about the practical issues facing policyholders and insurance companies when claims reach high level excess policies.  Our topics ranged from the duty to defend, changes in London market insurance in the last few decades, and who handles and pays for claims handling when in high levels of coverage.

The Lexis Insurance Law Center has posted a brief recap of the panel and the supporting materials, in a blog post entitled “Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims.”  You can see the post by clicking here.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

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“From Doctors to ‘E-tailers’: The Expanding Market of Cyber Risks and Coverages.”

Are you going to the 2010 Insurance Coverage Litigation Committee CLE Seminar that the American Bar Association Insurance Coverage Litigation Committee is hosting in Tucson, Arizona on March 4-6, 2010?  If you are, please sign up for my roundtable presentation, “From Doctors to ‘E-tailers’:  The Expanding Market of Cyber Risks and Coverages.”  I will be speaking with my friend Dana A. Ferestein on the issues.  We’re going to discuss cybersecurity threats and potentially available insurance coverage, along with tips to keep in mind when considering coverage issues under new policies.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

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